Bell Telephone Co. v. . Parker
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of tlie Supreme Court in tlie fourth judicial department, entered December 10,1906, which reversed an order of 7 7 7 Special Term sustaining objections to the sufficiency of a petition in condemnation proceedings.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of tlie Supreme Court in tlie fourth judicial department, entered December 10,1906, which reversed an order of 7 7 7 Special Term sustaining objections to the sufficiency of a petition in condemnation proceedings. This is a special proceeding by a domestic telephone company under the Condemnation Law (Title 1 of chajx 23 of the Code of Civil Procedure) to acquire title to certain property of the defendants, which is described in the petition as follows: “An easement or right of way for the erection, maintenance and operation of a…
1Opinion of the CourtWillard Bartlett, J.
The learned judge who heard this case at Special Term expressed the opinion that the petition ought to contain a more accurate description of the property sought to be taken, saying: “ Shade trees might be trimmed to make way for wires in such a manner that the damage would be very' slight; on the other hand, they might be so mutilated that the damage would be very great. By showing the location of the poles with' the position of the crossarms, which it is proposed to place thereon, it may be ascertained, with reasonable certainty, what the damage would be.” He, therefore, sustained the…
2Cases cited11 opinions
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- Matter of Water Com'rs of AmsterdamNew York Court of Appeals · 1884
- Schneider v. . City of RochesterNew York Court of Appeals · 1899
- Matter of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1877
- Vandermulen v. . VandermulenNew York Court of Appeals · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- American Creameries Co. v. Armour & Co.Washington Supreme Court · 1928
- County of Orange v. Metropolitan Transportation AuthorityNew York Supreme Court · 1971
- City of Oswego v. Montcalm Dock Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Chester Litho, Inc. v. Palisades Interstate Park CommissionNew York Court of Appeals · 1971
- City of Plattsburg v. KelloggAppellate Division of the Supreme Court of the State of New York · 1938
27 more not listed; retrieve them via the Exa API.